Bill > S1352

This bill establishes provisions for "starter home subdivisions," which are defined as new single-family housing developments on land of at least four acres. It prohibits cities with a population over 5,000 from banning these subdivisions in residential zoning areas. By October 1, 2026, cities must amend their land use plans and regulations, unless the land is in a historic district, to limit minimum lot sizes to 1,400 square feet, restrict front and rear setbacks to 15 feet and side setbacks to 5 feet, cap lot front widths at 30 feet, and limit lot depths to 70 feet unless specific constraints apply. The bill also mandates allowing a density of at least 12 dwelling units per acre and prohibits charging higher permit or impact fees for starter home subdivisions compared to other single-family developments, though local governments can offer incentives for smaller lots and setbacks. Importantly, these new rules do not override existing laws protecting public health, safety, and welfare, such as building codes, fire safety standards, flood plain regulations, and requirements for essential services like water, sewer, and roads, nor do they affect protections for environmental hazards or critical habitats. The bill includes a severability clause, meaning if any part is found invalid, the rest will remain in effect, and it declares an emergency, making it effective on July 1, 2026.

Budget and Finance, Justice

State Affairs Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1352/